How Appealing



Sunday, July 4, 2021

“The Supreme Court’s Conservative Supermajority Is Just Beginning To Flex Its Muscles”: Laura Bronner and Elena Mejía have this post at FiveThirtyEight.

Posted at 8:27 PM by Howard Bashman



Saturday, July 3, 2021

“The Supreme Court is uber-conservative. A few recent decisions don’t change that. Over the course of the session that just wrapped up, several lower-profile rulings featured sharply partisan divisions — and are likely to be very consequential.” Law professor Leah Litman has this essay online at NBC News.

Posted at 1:44 PM by Howard Bashman



“Two Justices Say Supreme Court Should Reconsider Landmark Libel Decision; Justice Neil M. Gorsuch added his voice to that of Justice Clarence Thomas in questioning the longstanding standard for public officials set in New York Times v. Sullivan”: Adam Liptak has this article in today’s edition of The New York Times.

And Ariane de Vogue of CNN reports that “Justices Gorsuch and Thomas call to revisit landmark First Amendment case New York Times v. Sullivan.”

Posted at 1:42 PM by Howard Bashman



“Supreme Court Term Tilted More to Right but Found Some Consensus; While conservative justices generally prevailed, they were divided over how much and how fast to change interpretations of the law”: Jess Bravin of The Wall Street Journal has this report.

And Jess Bravin and Brent Kendall of The Wall Street Journal have an article headlined “Justice Barrett Showed Her Conservative Stripes but Defied Expectations; In a first term on the Supreme Court marked by caution, she often favored incremental interpretations of the law.”

Posted at 12:56 PM by Howard Bashman



“A Wrap Up Of The Supreme Court’s Most Recent Term”: This audio segment featuring Nina Totenberg appeared on yesterday evening’s broadcast of NPR’s “All Things Considered.”

Posted at 12:48 PM by Howard Bashman



“Supreme Court to Consider New Case on Tuition Aid for Religious Schools; Justices add 10 cases to docket for next term, turn away florist’s appeal challenging service to same-sex couples”: Brent Kendall has this article in today’s edition of The Wall Street Journal.

Posted at 12:46 PM by Howard Bashman



“Fifth Circuit: Texas Lawyers Don’t Have to Join State Bar and Pay Dues; The State Bar of Texas engages in political activities that fall outside the scope of its interests so it cannot force attorneys to join it and pay mandatory dues, the Fifth Circuit ruled Friday.” Cameron Langford of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.

And in a separate decision also issued yesterday, the Fifth Circuit reinstated a similar lawsuit challenging Louisiana’s state bar association membership requirement.

Posted at 12:38 PM by Howard Bashman



Friday, July 2, 2021

“John Roberts takes aim at the Voting Rights Act and political money disclosures, again”: Joan Biskupic of CNN has this report.

Posted at 9:44 PM by Howard Bashman



“Justices found common ground in controversial cases, largely side-stepping ideological splits”: Alex Swoyer of The Washington Times has this report.

Posted at 9:40 PM by Howard Bashman



“Supreme Court Term Paints Mixed Picture for Business; Court struck blows against union access and certain consumer class-actions, but rejected business positions in product-liability and antitrust cases”: Brent Kendall of The Wall Street Journal has this report.

Posted at 9:38 PM by Howard Bashman



“Supreme Court under Roberts moves right this year on religion and voting”: David G. Savage of The Los Angeles Times has this report.

Posted at 9:35 PM by Howard Bashman



“A Supreme Court Term Marked by a Conservative Majority in Flux; The chief justice’s power waned, and the three Trump justices grew more influential; The term ended with an exclamation point, with the court imposing new limits on the Voting Rights Act”: Adam Liptak will have this article in Saturday’s edition of The New York Times.

Posted at 9:32 PM by Howard Bashman



“After Seven Years of Litigation, Justices Kavanaugh and Barrett Let Arlene’s Flowers Wilt; Justices Thomas, Alito, and Gorsuch put public pressure on Justices Kavanaugh and Barrett”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 8:14 PM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in nine new cases and also will be hearing oral argument in an original jurisdiction case.

In Dunn v. Reeves, No. 20–1084, the Court issued a per curiam opinion. Justice Stephen G. Breyer noted his dissent without opinion. And Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Elena Kagan joined.

In Hoggard v. Rhodes, No. 20–1066, Justice Clarence Thomas issued a statement respecting the denial of certiorari.

In Mast v. Fillmore County, Minn., No. 20–7028, the Court issued a GVR order. Justice Samuel A. Alito, Jr. concurred in the judgment. And Justice Neil M. Gorsuch issued a concurring opinion.

In Berisha v. Lawson, No. 20–1063, Justices Thomas and Gorsuch each issued a dissent from the denial of certiorari.

And in Eychaner v. City of Chicago, No. 20–1214, Justice Thomas issued a dissent from the denial of certiorari, in which Justice Gorsuch joined. And Justice Brett M. Kavanaugh also noted that he would have granted review.

Posted at 10:02 AM by Howard Bashman



Thursday, July 1, 2021

“Attorney General Merrick Garland orders pause of federal executions; Thirteen people on federal death row were executed between July 2020 and January 2021 after then-Attorney General William Barr federal prison officials to carry them out”: Pete Williams of NBC News has this report.

Posted at 7:27 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in the remaining two argued cases from this Term.

1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Brnovich v. Democratic National Committee, No. 19-1257. Justice Neil M. Gorsuch issued a concurring opinion, in which Justice Clarence Thomas joined. And Justice Elena Kagan issued a dissenting opinion, in which Justices Stephen G. Breyer and Sonia Sotomayor joined. You can access the oral argument via this link.

2. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in large measure in Americans for Prosperity Foundation v. Bonta, No. 19-251. Justice Thomas issued an opinion concurring in part and concurring in the judgment. Justice Alito issued an opinion, in which Justice Gorsuch joined, concurring in part and concurring in the judgment. And Justice Sotomayor issued a dissenting opinion, in which Justices Breyer and Kagan joined. You can access the oral argument via this link.

Posted at 10:01 AM by Howard Bashman